2026 EPO Guidelines - Rule 71(3) EPC communication

The 2026 edition of the Guidelines for Examination in the European Patent Office entered into force on 1 April 2026. This article examines the procedural changes that arise following a communication under Rule 71(3) EPC. 

Background
Once the Examining Division decides that a patent can be granted, it informs the applicant of the text intended for grant. This text may include amendments and corrections made by the Examining Division of its own motion, which it can reasonably expect the applicant to accept. The text is communicated to the applicant via a communication under Rule 71(3) EPC. This communication includes an invitation to pay the fee for grant and publication, and to file translations of the claims into the two official EPO languages other than the language of the proceedings, within a non-extendable period of four months.

In response to the Rule 71(3) EPC communication, the applicant may either: 

• pay the required fees and file the necessary translations; or
• disapprove the proposed text and submit a reasoned request for amendments or corrections. 

If the Examining Division finds the requested amendments admissible and allowable, it will issue a further Rule 71(3) EPC communication. If it does not consent to the requested amendments, the examination proceedings are resumed.

In response to a second (or subsequent) Rule 71(3) EPC communication, the applicant has a further opportunity to request amendments or corrections to the text intended for grant, for example, where the Examining Division has introduced additional amendments.

Where repeated requests for amendments are filed in response to second or subsequent Rule 71(3) EPC communications, the Examining Division may exercise its discretion under Rule 137(3) EPC to refuse to admit such amendments. In doing so, the Division seeks to balance the applicant’s interest in obtaining a valid patent with the EPO’s interest in bringing proceedings to a timely conclusion by issuing a decision to grant. Generally, only amendments that do not significantly delay the preparation for grant will be admitted under Rule 137(3) EPC. This stage is not intended to provide an opportunity to revisit the substantive outcome of earlier examination proceedings. (However, the rejection of amendments introduced by the Examining Division in a Rule 71(3) EPC communication - without prior consultation - does not constitute a request for amendment subject to discretion under Rule 137(3) EPC.)

Revision 
The 2026 revision introduces stricter limitations on repeated requests for amendments or corrections filed in response to Rule 71(3) EPC communications. Following repeated requests, if the Examining Division intends to exercise its discretion under Rule 137(3) EPC to refuse to admit further amendments, it may summon the applicant to oral proceedings.

Where a summons to oral proceedings is issued, it will indicate that the amendments have not been admitted under Rule 137(3) EPC and that, if further amendments are filed, the Division intends likewise to refuse their admission unless they meet the admissibility criteria set out in the Guidelines.

Unless the applicant either reverts to the text originally proposed for grant or successfully demonstrates that a new set of claims meets the admissibility criteria, the application will be refused at the oral proceedings on the ground that no agreed text is on file.

If the proceedings conclude positively, the Division will announce that a new Rule 71(3) EPC communication will be issued. However, if the applicant again files amendments in response to that communication, and those amendments were already discussed and found inadmissible during the oral proceedings (i.e. where the subject-matter has not changed), the application can be refused immediately.

In summary, opportunities for iterative refinement of the text at the grant stage are now more limited. Applicants should therefore ensure that their claims are well settled before the first Rule 71(3) EPC communication, making a careful and proactive approach earlier in examination essential.